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Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255087
Category : Law
Languages : en
Pages : 490
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Book Description
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255087
Category : Law
Languages : en
Pages : 490
Get Book Here
Book Description
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Author: Alexander Horne
Publisher: Bloomsbury Publishing
ISBN: 1509908722
Category : Law
Languages : en
Pages : 425
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Book Description
Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.
Author: Janet L. Hiebert
Publisher: Cambridge University Press
ISBN: 110707651X
Category : Law
Languages : en
Pages : 503
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Book Description
How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?
Author: Tapio Raunio
Publisher: Routledge
ISBN: 1351370863
Category : History
Languages : en
Pages : 253
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Book Description
Bringing together scholars from Europe and North America, this book examines the engagement of legislatures across the world in foreign and security policy. The articles are specifically chosen to cover the whole range of foreign affairs questions from crisis management and military missions, arms trade, the Common Foreign and Security Policy (CFSP) of the European Union (EU), international energy agreements, to international trade negotiations. Drawing on a principal-agent framework, the book challenges the conventional wisdom of ‘executive autonomy’ in foreign affairs, with parliaments using multiple ex ante and ex post instruments to monitor, oversee and control governments in external relations. Moving beyond the ‘politics stops at the water’s edge’ image, the articles highlight the role of party-political contestation instead of consensus in the name of national interest structuring parliamentary debates and decision-making in this increasingly politicized issue area. Considering the lack of research on parliamentary participation in foreign affairs beyond the specific case of the U.S. Congress, the book will also contribute to theory building and will deepen our understanding of legislative-executive relations. The chapters originally published as a special issue in West European Politics.
Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution
Publisher: The Stationery Office
ISBN: 9780108551390
Category : Business & Economics
Languages : en
Pages : 12
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Book Description
In Transparency Of Lobbying, Non-Party Campaigning And Trade Union Administration Bill (HL 62), the Select Committee on the Constitution raises significant concerns about the content and handling of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill. The Bill, which regulates lobbying and sets rules on expenditure by persons or bodies other than political parties at elections, is due for its second reading in the Lords on 22 October 2013. The report says that effective parliamentary scrutiny is of manifest importance for legislation of constitutional significance. The Committee questions whether the significant lowering of the cap on expenditure at general elections by third parties is justified, given the fundamental constitutional right to freedom of political expression. There has been a lack of consultation by the Government on the proposals, including with the Electoral Commission, as well as the lack of
Author: Jeffrey L. Jowell
Publisher: Oxford University Press, USA
ISBN: 019870982X
Category : Law
Languages : en
Pages : 451
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Book Description
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eight edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Online Resource Centre This book is accompanied by an Online Resource Centre which includes updates on key developments, a 'library' of web links, and a timeline of key dates in British legal and political history.
Author: Stationery Office (Great Britain)
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 304
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Book Description
Author: Alexander Horne
Publisher: Bloomsbury Publishing
ISBN: 1509906444
Category : Law
Languages : en
Pages : 336
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Book Description
This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.
Author: Helen Fenwick
Publisher: Routledge
ISBN: 1135071330
Category : Law
Languages : en
Pages : 1060
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Book Description
This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).
Author: Paul S Davies
Publisher: Bloomsbury Publishing
ISBN: 1509901566
Category : Law
Languages : en
Pages : 641
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Book Description
Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.
